CAMPBELL HALL SCHOOL; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By Its Servicing Facility, CAMBRIDGE, for FREMONT INDEMNITY, In Liquidation, RAYMOND LANE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYMOND LANE, Applicant,vs.CAMPBELL HALL SCHOOL; CALIFORNIA RECONSIDERATION INSURANCE GUARANTEE ASSOCIATION,By Its Servicing Facility, CAMBRIDGE, for FREMONT INDEMNITY, In Liquidation, Defendants.Case No. ADJ1994269 (LBO 0278150)OPINION ANTD ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, lien claimant Cantrell, Green, Pekich, Cruz, McCort & Baker (applicant’s counsel), and defendant each seek reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Amended Findifigs and Award and Order of June 24, 2009, wherein it was found that, while employed as a teacher on January’ 25, 1996, applicant sustained industrial injury to his internal systems and psyche causing permanent total disability (100%) and the need for funther medical treatment. In finding that applicant was permanently totally disabled on an industrial basis, the WCJ found that there was no basis for apportionment of permanent disability. The WCJ found that the applicant was entitled to $448 per week retroactive to January 14, 2004, but that an attorney’s fee of $35,221.54 was to be commuted from the award. As of June 4, 2009, the date of the commutation, the applicant was entitled to $380.80 per week, for life. The defendant contends that the WCJ erred in finding permanent total disability on an industrial basis, arguing that the WCJ erroneously failed to apportion permanent disability’ to non- industrial factors. The applicant and applicant’s counsel contend that the WCJ erred in commuting the attorneys’ fee out of defendant’s future liability for permanent disability indemnity, rather than deducting the attorney’s fee out of defendant’s liability for permanent disability indemnity which , has already accrued. The applicant’s
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